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I wanted to clarify if an employee is not covered under ESI, does it mean we have to provide the same ESI benefits? Specifically, the benefit of 12 weeks of pay both before and after delivery. I am also curious about the number of days she needs to work in order to be eligible for these pre and post-delivery benefits.

Regards

From India, Bangalore
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If a female employee is not covered under ESIC, then by default, she will be covered under The Maternity Benefits Act, 1961. The Maternity Benefits Act, 1961 has no wage ceiling as in the case of ESIC.

Leave benefits under the Maternity Benefits Act are almost the same as ESIC. Please go through the Act.

Regards,
Kamal Prasoon

From India, Pune
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Please clarify. As we all know, the ESI ceiling is Rs 15,000. So, if a woman employee has earnings of more than Rs 15,000, does she still get ESI benefits? Is there any relation between the Maternity Benefit Act and ESI in this respect?
From India, Calcutta
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Wage Ceiling of ESI

The wage ceiling of ESI is applicable for all male and female employees, so there is no question of getting benefits if the gross salary is above ₹15,000/-. There is no relation between the ESI Act and the Maternity Benefit Act; both are different acts.

Regards

From India, Pune
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